The KCLSU Complaints (non-election) Procedure- Introduction

KCLSU has a procedure for responding to any complaints about our events, spaces, activities, people or groups. Complaints are treated seriously and dealt with fairly. As well as supporting our members with potential areas of conflict or concern, complaints also provide an opportunity for KCLSU to learn and improve how we work.

Most concerns can be informally resolved by talking directly to our members of staff, student group leaders, or other students. Sometimes it may not be possible to resolve concerns through these channels. The KCLSU Complaints Procedure sets out how to make a complaint, and what actions KCLSU takes to resolve them.

The complaint process is designed to cover conduct that impacts members as members. Primarily, whether the actions of another student had a significant impact on a student’s ability to engage with the Union, its space, or resources. There are other routes of complaint or feedback for issues outside of these parameters mentioned below.

This process does not cover complaints relating to democratic decisions made by the Union or its officers through the Board or the Union’s democratic processes, alleged criminal activity, complaints against KCLSU staff, or complaints against KCL. The appropriate routes for complaint for these issues are covered below.

KCLSU Values

There is an expectation that every student will uphold the values of KCLSU. KCLSU is committed to being collaborate open inclusive and brave. This means that we provide an inclusive and supportive space for all students. This policy is applicable to our whole student community, whether an individual or a member within a KCLSU ratified student group, representative forum. KCLSU believes all students should be free from intimidation or harassment, resulting from prejudice or discrimination on the grounds of age, disability, marital or maternity/paternity status, race,

religious beliefs, sexual orientation, gender identity, trans status, socio-economic status, or ideology or culture, or any other form of distinction.

Any person in a KCLSU space or attending a KCLSU event is accountable for their own language and behavior. If behavior is reported that is not in accordance with this policy, members may be asked to leave immediately by staff or an elected full-time officer.

The complaint process covers

There are several reasons why a member may choose to make a complaint. A complaint will usually be made where a student considers that the conduct of a member of KCLSU or student group amounts to misconduct. This is behaviour which is so significant as to negatively impact a student’s enjoyment of KCLSU or use of KCLSU resources. The complaint process covers activity taking place in KCLSU spaces, during KCLSU activity, or activity by a KCLSU student group.

In the first instance a complaint should be sent via the KCLSU complaints form where it will be reviewed by a complaint's assessor.

KCLSU reserves the right to temporarily suspend a member from the Union where there is a risk their continued presence will endanger the fair outcome of an investigation or the safety of another member. This may include suspension from KCLSU licensed premises where the relevant senior manager deems it is necessary to do so to protect licensing conditions, property, or the safety of others. A temporary suspension will not prejudice a disciplinary investigation.

Brief summary of KCLSU complaint process

A complaint is received by a complaint assesor who may seek further evidence. The may choose to:

1. Recommend no action is taken
2. Recommend an informal resolution
3. Recommend disciplinary action

If either party of the view that there are grounds for appeal with the decision they may appeal to a panel to review the decision. A panel will consist of at least one staff member not involved in the case and at least one student officer

Students who remain dissatisfied with KCLSU after using this complaint process, may take their complaint to King’s College London. KCLSU will cooperate with King’s processes regarding any complaints made about the Union.

Brief summary of KCLSU complaint process

Summary of KCLSU complaint process

1 Complaint received

A No action: complaint dismissed

B Resolution

C Disciplinary Action

How to make a complaint to KCLSU

To try to make our complaints process as simple to use as possible, while making sure we capture all the information we need, KCLSU has a simple online complaint form. Not all the fields are compulsory, but we ask for as much information as possible to enable us to understand the complaint, and what form of resolution the complainant is ideally looking for.

The form also provides a summary of the complaint details entered, which is sent to the complainant by email, so that details of an incident or event need only to be described once. We appreciate that often reporting a complaint takes courage and can cause distress and anxiety, so we are keen to try to keep unnecessary repetitions of the event to a minimum.

Formal Proceedings

Decision making on a complaint.

A complaint is sent via the KCLSU complaints form and reviewed by the complaint assessor.

A complaint will be considered a formal complaint if it is about a matter which falls within KCLSU’s control or remit

and requires a formal response or redress.

A complaint should include:

• details of the concern,
• the date(s) when this occurred,
• name and contact details for the complainant,
• an indication of the required outcome (what would constitute an acceptable resolution) sought for the complaint.

The complaint should, where possible, be submitted within 28 days of the incident in question. It is recognised in some cases, particularly cases of harassment and bullying, a report may not be submitted within the requested 28 days. All complaints will be reviewed, and reasons for delays fairly considered.

The complaint is recorded in the KCLSU Complaints Log.

The complaint assessor, a trained member of KCLSU staff, will make one of the following decisions

• The complaint should be dismissed as there is no merit or the information is factually incorrect;
• The complaint could be resolved, with a resolution offered;
• Disciplinary action should be taken;
• The complaint needs to be investigated further before a decision can be made and a resolution offered, or further action considered, including a referral to KCL or another authority.

The complainant will be informed of this decision, in writing (by email), within fifteen working days. This communication will usually include:

• Details of the complaint
• A copy of this Complaints Procedure
• Information about what will happen next.

Owing to complexity, workload, or availability of witnesses and complainants, it may be necessary to extend the timeline for complaints. This will be communicated to all parties ahead of the fifteen-day deadline.

Internal Appeal

Complainants may appeal the outcome of the investigation into their complaint, within ten days on the following grounds

• There is evidence of a significant procedural error in the investigation of the complaint, which significantly contributed to the outcome;
• Significant new evidence has come to light which could not have been made available during the initial investigation;
• The decision made is otherwise flawed or could be considered wholly unreasonable (outside the range of decisions that might be considered reasonable).

The appeal will be heard by a panel convened by KCLSU consisting of a senior staff member not involved in the complaint and at least one sabbatical officer.

Possible outcomes of an appeal are:

• The appeal is rejected and the original decision stands.
• The appeal is upheld, and the complaint penalty is modified.

Possible penalties

Wherever possible, KCLSU will look to resolve complaints informally and directly with our members, staff and student groups. However, KCLSU may apply the following penalties to members depending on the nature of the problem.

• Suspension or exclusion from our licensed bars;
• Suspension or exclusion from membership of the KCLSU, restricting access to KCLSU spaces, events, activities and student groups.

Where such penalties are considered by KCLSU, the complaint will be referred for action under our Members’

Disciplinary Procedure.

In all cases of suspension or exclusion, King’s students will retain access to KCLSU Advice & Support services for

Union representation for students in their dealings with the KCL.

Re-opening the investigation

During the appeal stage, KCLSU reserves the right to re-open the investigation. The complaint parties will be advised in writing of any decision to re-open the investigation, and the reasons for any such decision.

Completion of procedures

The panel decision on the appeal will be given in writing and will be considered a completion of KCLSU complaint procedures.

Complaints to King’s College London about KCLSU

Under the Education Act 1994 and the Memorandum of Understanding between KCLSU and KCL, students who

remain dissatisfied with KCLSU after using this complaint process, may take their complaint to King’s College London. KCLSU will cooperate with King’s processes regarding any complaints made about the Union.

Any complaint to King’s College London about dissatisfaction with KCLSU should be made to appeals@kcl.ac.uk

When should a different procedure be used?

This procedure should not be used if the concerns raised relate to: KCLSU Elections or Referenda

KCLSU Student Officers’ performance

Complaints against KCL Potential criminal activity

Disagreement with a democratic decision

To find out more, please read associated policies and procedures on our website https://www.kclsu.org/policyzone/ or contact complaints@kclsu.org to be directed to the appropriate point of contact for your enquiry or concern.

Complaints against KCL (staff, services or academic studies)

Complaints regarding events, services or activities that involve staff or academic studies at King’s College London, should be referred to the KCL’s Student Conduct and Appeals Office. KCLSU Advice & Support Team will be able to provide assistance and representation alongside the making of such complaints.

Report and Support

For complaints relating to bullying and harassment within the King’s community outside KCLSU activities and spaces, students can also use the Report and Support online service through the KCL website.

Criminal activity

Serious complaints of a potentially criminal nature should be reported immediately to the Police and to KCL. Free and confidential help and support is available to students from specially trained staff in the KCL’s Advice and Guidance Team. KCLSU recognise that not all students will want to report such incidences but it is essential that the proper advice and support is provided to any victims of abuse or assault.

Democratically made decisions

This process does not cover complaints relating to democratic decisions made by KCLSU or its officers through the Board of Trustees or the Union’s democratic processes.

Support, adjustments and confidentiality

Equal opportunities

Any investigation under this procedure will be undertaken with appropriate discretion, care and consideration. All steps in the process will remain fair and in line with KCLSU’s equal opportunities policy. Reasonable adjustments to the procedure can be made to accommodate members defined as disabled under the Equality Act 2010.

Protection of confidentiality

KCLSU is committed to dealing with complaints discretely, protecting the confidentiality of those involved. No KCLSU Student Officer, member of staff or Trustee should comment publicly on any incident that is being dealt with under this procedure, and no formal reports will be published.

Where redress applies that could impact on the wider student community, KCLSU may choose to issue some form of statement or information. The method of announcement will be explained in advance to the people involved in the complaint and identities of individuals will be kept confidential.

KCLSU is required under our Memorandum of Understanding, to share with the KCL reports of incidents involving students. Reportable incidences are those involving police or emergency services, potential criminal activities, or where there is a Legitimate Interest for the sharing of data. A log of this will be kept by KCLSU. This means we will assess whether it is appropriate to share data and we will record the reason for choosing to do so alongside a students’ name and student number.

Each time data relating to a complaint is shared with the KCL, KCLSU will undertake and log a Legitimate Interest Assessment.

Use of social media: confidentiality

KCLSU asks that all parties to a complaint should respect the confidentiality and privacy of the complaint process. The use of social media posts, or exchanges with other students, societies, clubs or groups, to draw attention to a complaint may be considered as harassment or bullying of other parties and do not help in the amicable resolution of complaints. Breaches of confidentiality by any party to a complaint may result in disciplinary action under our Members’ Disciplinary Procedure.

Record keeping of complaints:

Records will be kept by KCLSU detailing:

• The description of the complaint
• Any incident report, or referral to the Members’ Disciplinary Procedure
• Any penalties imposed and the reasons for it
• Whether an appeal was lodged and its outcome

These records are kept confidential and retained in line with data protection legislation, General Data Protection Regulations and our Student Privacy Policy.

Conflict of Interests

In the event of a complaint involving KCLSU staff, Sabbatical Officers (including the KCLSU President) or Student Trustees, Lay Trustees, KCLSU will ensure that any incidents are dealt with fairly.

To avoid any real, or perceived bias in the investigation and decision making of any complaints, the KCLSU Board of Trustees will have the authority to delegate decision making to any other trustees, and may involve independent, external investigators.

There may be occasions where a Sabbatical Officer, or the whole student officer team, have a conflict of interest where a complaint involves them or someone, they have a relationship with. The expectation is that a Sabbatical Officer will recuse themselves from the process. Where serious concerns of a conflict of interest remain the Chief Executive will be empowered to refer this to the Trustee Board who shall be empowered to nominate a

replacement, if they so choose, to take the Sabbatical Officer’s place within the complaints process.

All efforts will be made, where possible, to ensure that no person involved with, or closely connected to the complaint, has a decision-making role in this procedure.

Related Policies: